Abstract
The article analyzes the duty of the regulatory agency to correct the market failure of the collectivization of the process of purchasing private health care plans. To do so, the text addresses the constitutional issue of restricting the right to free initiative and develops the category of the fundamental right to good regulation. Based on the bibliographical and jurisprudential review and the analysis of available data, the article identifies that the private health care activity is subject to a differentiated constitutional regime, due to the need for prior authorization for its development, which makes it feasible to establish of the obligation to offer individual and family plans. In its conclusions, the article points out that although the regulator has the discretion to choose the most adequate means to face the problem, the persistence of the disequilibrium in the supply of types of health plans requires a clear and motivated action of the Regulatory Agency in the search for guaranteeing the right to free choice of the consumer, guaranteed by the fundamental right to good regulation.
Keywords:
supplementary health; economic order; good regulation; free initiative; individual contracting